FedCircuitBlog

Here is an update on activity in patent cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two recent opinions and one recent order, four newly identified cases, and two recent oral arguments. Here are the details.

This week (and, as it turns out, next Monday) is Court week at the Federal Circuit. The court will convene 14 panels to consider 77 cases. Of the 77 cases, the court will hear oral argument in 55. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

Two cases being argued at the Federal Circuit in May attracted amicus briefs. One of these cases is Wyeth LLC v. AstraZeneca Pharmaceuticals LP, a patent case. In it, Wyeth appeals a lower court’s grant of judgment as a matter of law of invalidity. The case presents questions related to claim construction as well as whether pre-issuance provisional rights under the Patent Act extend to induced infringement. This is our argument preview.

Two cases being argued at the Federal Circuit in May attracted amicus briefs. One of these cases is VLSI Technology LLC v. OpenSky Industries, LLC. This is a patent case on an appeal from a judgment of the Patent Trial and Appeal Board in an inter partes review proceeding. Notably, it includes both an appeal and a cross-appeal, and the U.S. Patent and Trademark Office intervened. This is our argument preview.

Last week, the Federal Circuit heard oral argument in A.L.M. Holding Co. v. Zydex Industries Private Ltd., a patent case we have been tracking because it attracted an amicus brief. In this case, A.L.M. Holding appeals a district court’s conclusion that it lacked Article III standing. Judges Chen, Stark, and Cunningham heard the oral argument. This is our argument recap.

Last week the Federal Circuit heard oral argument in Ollnova Technologies Ltd. v. Ecobee Technologies ULC, a patent case we have been following because it attracted an amicus brief. In this case, the patent owner, Ollnova, appeals a denial of requested prejudgment interest, and the accused infringer, Ecobee, cross-appeals the lower court’s decisions on jury instructions and multiple issues including eligibility, infringement, damages, and marking. Judges Chen, Stark, and Cunningham heard the oral argument. This is our argument recap.

Last month, the Federal Circuit issued an order denying a petition for a writ of mandamus in In re Volkswagen Group of America, Inc., a patent case we have been following because it attracted an amicus brief. In this case, Volkswagen sought to have the Federal Circuit oder the United States Patent and Trademark Office to vacate its denial of a request for inter partes review. In the order, a panel of the court consisting of Judges Dyk, Reyna, and Hughes denied the petition. This is our summary of the order, which the panel issued per curiam.

Last month, the Federal Circuit issued its opinion in Apple Inc. v. International Trade Commission, a patent case we have been following because it attracted an amicus brief. In this case, Apple appealed from a limited exclusion order issued by the International Trade Commission barring the importation of Apple Watches found to infringe patents owned by Masimo Corporation and Cercacor Laboratories, Inc. In an opinion authored by Judge Stark and joined by Judges Lourie and Reyna, the Federal Circuit affirmed the judgment of the International Trade Commission. This is our summary of the opinion.

As we reported yesterday, two cases being argued at the Federal Circuit in April attracted amicus briefs. One of these cases is Ollnova Technolodies, Ltd. v. Ecobee Technologies ULC, a patent case. In it, the patent owner Ollnova appeals a denial of requested prejudgment interest, and the accused infringer Ecobee cross-appeals the lower court’s decisions on jury instructions and multiple issues including eligibility, infringement, damages, and marking. This is our argument preview.

Two cases being argued at the Federal Circuit in April attracted amicus briefs. One of these cases is A.L.M. Holding Co. v. Zydex Industries Private Ltd, a patent case. In it, A.L.M. Holding appeals a district court’s conclusion that it lacked Article III standing. This is our argument preview.